Brown v. Hankerson
New York Supreme Court
Error from the Court of Common Pleas of Schoharie .... county. The action below was debt on a general arbitration' bond, executed’ by Brown, and payable to Hankerson, dated-the 21 st day of August, 1813, and- conditioned that the* awar - Plea—No award.
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Error from the Court of Common Pleas of Schoharie .... county. The action below was debt on a general arbitration' bond, executed’ by Brown, and payable to Hankerson, dated-the 21 st day of August, 1813, and- conditioned that the* awar - Plea—No award. Replication—That the arbitrators mentioned in the condi" r \ tion of the bond, within the time limited, &e* made their awar(I of and concerning the premises in the said condition1 mentioned, by which they awarded that all actions, &c. ariscn before the day of the date of the bond, should cease, &c. that each party should pay his own costs, &c-…
1Opinion of the Court
Curia,
per Sutherland, J.
The objection taken to the award, below, was, that it bore date the 23d August, 1813, and purported to be made by virtue of a bond of submission, which bore date “ August 21 st, now last past,” whereas the bond declared on and produced in evidence bore date August 21 st, 1813, being August, instant, instead of past. The arbitrators also awarded general releases between the parties, from the beginning of the world until the “ 21 si day of August last past, being the day of the date of the arbitration bond,” thus showing that the award was made under a bond of…
2Cited by8 opinions
- Muldrow v. NorrisCalifornia Supreme Court · 1852
- Pettibone v. PerkinsWisconsin Supreme Court · 1858
- Alexander v. McNearUnited States Circuit Court · 1886
- Schrauth v. Dry Dock Savings BankNew York Court of Common Pleas · 1878
- Whitcher v. WhitcherSupreme Court of New Hampshire · 1870
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